minutes ordinary council - 24 september 2019 draft

MINUTES ORDINARY COUNCIL - 24 SEPTEMBER 2019

PORT STEPHENS COUNCIL 1

DRAFT

MINUTES – 24 SEPTEMBER 2019

Minutes of Ordinary meeting of the Port Stephens Council held in the Council Chambers, Raymond Terrace on – 24 September 2019, commencing at 5.49pm. PRESENT: Mayor R Palmer, Councillors J Abbott, G Arnott, C. Doohan, G

Dunkley, K. Jordan, P. Le Mottee, J Nell, S Smith, S. Tucker, General Manager, Acting Corporate Services Group Manager, Acting Facilities and Services Group Manager, Development Services Group Manager and Governance Section Manager.

160 Councillor Jaimie Abbott Councillor Steve Tucker It was resolved that the Minutes of the Ordinary Meeting of Port Stephens Council Ordinary Council held on 10 September 2019 be confirmed.

There were no Declaration of Interest received.



INDEX SUBJECT PAGE NO

COUNCIL REPORTS.............................................................................. 3

1. DEPUTY MAYOR ELECTION ...........................................................................4 2. DEVELOPMENT APPLICATION 16-2018-534-2 SECTION 4.55 (1A)

MODIFICATION TO ALTERATIONS AND ADDITIONS TO EXISTING TOURISM RESORT - 20 GLAMPING TENTS WITH AMENITIES, KOALA SANCTUARY AND CLINIC, VEGETATION REMOVAL AND CAR PARKING AT 562 GAN GAN ROAD, ONE MILE (LOT: 2 DP: 1109948) ...........................................................................................................8

3. HERITAGE PROJECTS FUND 2019 - 2020 (SECOND ROUND) .................. 39 4. ELECTRIC VEHICLE CHARGING POINTS FOR NEW

DEVELOPMENTS ........................................................................................... 45 5. PCYC LEASE - 42 WILLIAM STREET, RAYMOND TERRACE ..................... 55 6. SALE OF LAND FOR UNPAID RATES .......................................................... 63 7. 2019-2020 BUDGET ITEMS CARRIED FORWARD ....................................... 73 8. PSC2020 PROPOSED COMMUNITY PROJECTS - CENTRAL WARD

AMENDMENT ................................................................................................. 78 9. MEMBERSHIP OF COMMITTEES AND GROUPS ........................................ 87 10. POLICY REVIEW: MANAGEMENT OF COMPETITIVE NEUTRALITY ........ 119 11. 2020 LOCAL GOVERNMENT ELECTION .................................................... 126 12. 28TH ANNUAL NSW COASTAL CONFERENCE - TERRIGAL - 29

OCTOBER TO 1 NOVEMBER 2019 ............................................................. 134 13. REQUEST FOR FINANCIAL ASSISTANCE ................................................. 145 14. INFORMATION PAPERS .............................................................................150

INFORMATION PAPERS ................................................................... 151

1. AUGUST 2019 CASH AND INVESTMENTS ................................................ 152 2. PETITION: TO NOT ALLOW RESIDENTIAL DEVELOPMENT ON

BOOMERANG PARK .................................................................................... 155 3. REPORT ON LGPA NATIONAL CONGRESS & BUSINESS EXPO,

DARWIN - 31 JULY TO 2 AUGUST 2019 ..................................................... 159 4. COUNCIL RESOLUTIONS ...........................................................................163

NOTICES OF MOTION ....................................................................... 173

1. SUPPORTING PORT STEPHENS KOALAS ................................................ 174 2. WORLD HERITAGE LISTING ....................................................................... 179 3. CLIMATE EMERGENCY ..............................................................................181



COUNCIL REPORTS



ITEM NO. 1 FILE NO: 19/302103 EDRMS NO: PSC2019-03573

DEPUTY MAYOR ELECTION REPORT OF: TONY WICKHAM - GOVERNANCE SECTION MANAGER GROUP: GENERAL MANAGER'S OFFICE

RECOMMENDATION IS THAT COUNCIL: 1) Determine the term of the Deputy Mayor.

2) Determine the method of voting to elect the Deputy Mayor.

3) Authorise the General Manager or his delegate to conduct the election of the Deputy Mayor.

ORDINARY COUNCIL MEETING - 24 SEPTEMBER 2019 MOTION

161 Mayor Ryan Palmer Councillor Chris Doohan It was resolved that: 1) The term of office for the Deputy Mayor be for a period of one year.

2) The method of voting to elect the Deputy Mayor be by Ordinary ballot.

3) Authorise the General Manager or his delegate to conduct the election of the Deputy Mayor.

The Mayor then handed over to the Returning Officer to conduct the election of the Deputy Mayor.

At the close of nominations for Deputy Mayor, nominations were received from: Cr Chris Doohan Cr Sarah Smith First round of voting for the election of Deputy Mayor Cr Chris Doohan 6 votes Cr Sarah Smith 4 votes



Cr Chris Doohan was declared elected as Deputy Mayor for a period of one year.

BACKGROUND The purpose of this report is to elect the Deputy Mayor. The election of the Deputy Mayor is to be held in accordance with the provisions of the Local Government Act 1993 and the Local Government (General) Regulation 2005, should Council wish to proceed with the election of Deputy Mayor. The role of Deputy Mayor is not required under the Local Government Act 1993. The General Manager has appointed Council’s Governance Section Manager as Returning Officer for the election, should Council wish to proceed. The current term of the Deputy Mayor is one (1) year. Council may fix the Deputy Mayor term for a period not greater than the Mayoral role, which is four (4) years. The role of Deputy Mayor is only paid an allowance in the absence of the Mayor, which is funded from the Mayoral allowance. NOMINATIONS Nominations may be made without notice and should be made in writing by two (2) or more Councillors (one of whom may be the nominee) or the Mayor. A nomination is not valid unless the nominee has indicated consent in writing. The Returning Officer will announce the name(s) of the nominee(s) at the Council meeting at which the election is to be held. If more than one Councillor is nominated an election will take place. DETERMINE METHOD OF VOTING FOR ELECTION OF DEPUTY MAYOR a) Preferential Ballot. b) Ordinary Ballot. c) Open Voting. STATEMENT FROM DEPUTY MAYORAL CANDIDATES (OPTIONAL) A time limit of five minutes per candidate will apply in accordance with Council’s Code of Meeting Practice. COMMUNITY STRATEGIC PLAN

Strategic Direction Delivery Program 2018-2021

Governance Provide strong civic leadership and government regulations.



FINANCIAL/RESOURCE IMPLICATIONS There is no annual fee for the role of Deputy Mayor. The Deputy Mayor will receive an allowance for any period acting as Mayor for a period greater than seven (7) days. The allowance is deducted from the Mayoral allowance, in accordance with the legislative provisions.

Source of Funds Yes/No Funding

($)

Comment

Existing budget Yes

Reserve Funds No

Developer Contributions (S7.11)

No

External Grants No

Other No

LEGAL, POLICY AND RISK IMPLICATIONS There is no legal requirement under the Local Government Act 1993 to elect a deputy mayor.

Risk Risk Ranking

Proposed Treatments Within Existing Resources?

There is a risk that in the absence of the Mayor Council would not have an elected representative to act as the Mayor.

Low Adopt the recommendations. Yes

SUSTAINABILITY IMPLICATIONS Includes Social, Economic and Environmental Implications Nil. CONSULTATION Nil. OPTIONS 1) Accept the recommendations. 2) Amend the recommendations. 3) Reject the recommendations.

https://myport.portstephens.nsw.gov.au/corporateservices/organisationDevelopment/riskManagement/Corporate%20Risk%20Documents/Corporate%20Risk%20Matrix%20(5x5)%20-%20April%202018.pdf




ATTACHMENTS Nil. COUNCILLORS ROOM Nil. TABLED DOCUMENTS Nil.



ITEM NO. 2 FILE NO: 19/244835 EDRMS NO: 16-2018-534-2

DEVELOPMENT APPLICATION 16-2018-534-2 SECTION 4.55 (1A) MODIFICATION TO ALTERATIONS AND ADDITIONS TO EXISTING TOURISM RESORT - 20 GLAMPING TENTS WITH AMENITIES, KOALA SANCTUARY AND CLINIC, VEGETATION REMOVAL AND CAR PARKING AT 562 GAN GAN ROAD, ONE MILE (LOT: 2 DP: 1109948) REPORT OF: KATE DRINAN - DEVELOPMENT ASSESSMENT AND

COMPLIANCE SECTION MANAGER GROUP: DEVELOPMENT SERVICES

RECOMMENDATION IS THAT COUNCIL: 1) Approve Development Application (DA No. 16-2018-534-2) subject to the

amended Conditions of Consent contained within (ATTACHMENT 3).


162 Councillor Paul Le Mottee Councillor Sarah Smith It was resolved that Council approve Development Application (DA No. 16-2018-534-2) subject to the amended Conditions of Consent contained within (ATTACHMENT 3).

In accordance with Section 375 (A) of the Local Government Act 1993, a division is required for this item. Those for the Motion: Mayor Ryan Palmer, Crs Jaimie Abbott, Giacomo Arnott, Chris Doohan, Glen Dunkley, Ken Jordan, Paul Le Mottee, John Nell, Sarah Smith and Steve Tucker. Those against the Motion: Nil. BACKGROUND The purpose of this report is to present to Council for determination a Section 4.55(1A) Modification of Consent to the approved tourist development (Koala Sanctuary) on land located at 562 Gan Gan Road, One Mile, legally identified at LOT: 2 DP: 1109948 (the ‘subject site’). A locality plan is provided at (ATTACHMENT 1).



The development application (DA) is being reported to Council as the development is being carried out by Council. DA No. 16-2018-534-1 (Original Consent) The original development was assessed under Port Stephens Local Environment Plan 2013 (LEP 2013) and Port Stephens Development Control Plan 2014 (DCP 2014) and approved by the elected Council at the Council Meeting held on 12 February 2019. The approved development included alterations and additions to the existing Treescape Camping and Accommodation Park, including twenty (20) glamping tents with amenities, koala sanctuary and clinic, tourism centre, vegetation removal, car parking and roads. Proposed Modifications The application proposes to modify the layout of the approved tourist related development at 562 Gan Gan Road, One Mile. Specifically, the modification includes amendments to reconfigure the layout of the access road, parking areas, glamping tent locations and minor changes to both the Tourism Centre and Koala Clinic buildings. Details of the modifications are included below:

The main vehicle entry to the site has been reconfigured to include the 2 bus parking spaces that are being relocated from the main parking area. The bus parking area will be located to the north of the entry road. As a result of this modification, an additional tree is to be removed to facilitate the bus parking area.

The main parking area (adjacent to the reception building) has been reconfigured to remove the bus parking spaces (as discussed above). The proposal also includes 14 additional parking spaces and reduces the hardstand areas.

Minor changes to the internal access roads required as a result of the reconfiguration of the main parking area. The proposed modifications will result in the removal of one (1) tree.

Minor changes to the locations of the glamping tent sites are proposed and these will now be located more centrally between the Tourism Centre and the Koala Clinic. There is no change in the number of glamping tents proposed, however seven (7) trees will be removed to facilitate the relocation.

Minor changes are proposed to the Tourism Centre building, which includes:

o minor changes to the façade design that will replace the curved design

with a more angular built form.

o internal layout changes in the southern building that involves moving

the toilets from the western end to the eastern end of the building, alterations to the layout of the café, kitchen and retail area.

o internal layout changes in the northern building that involves alterations

to the layout of kitchen, administration/ticket and retail space. The kitchen is to be relocated to the northern section of the building, while



the administration/ticket and retail space is to be located along the southern section.

o the outdoor seating area associated with the café has been removed.

Internal layout improvements to the Koala Clinic that involves a reduction in the garage and workshop area. Design changes to the building have created minor internal layout changes to the internal rooms of the clinic.

Assessment Outcomes The proposed amendments to the original consent meet the provisions of Section 4.55(1A) of the Environmental Planning and Assessment Act 1979 (EP&A Act) as follows:

Section 4.55(1A)(a) – Minimal environmental impact. The proposal only results in minor environmental impacts, which includes: Tree Removal The proposed modifications will result in the removal of an additional nine (9) trees. The comments received from Council’s Natural Resources team did not raise any additional concern for the proposed tree removal. A notation was also placed on the approved plans requiring consultation with Council prior to determining the specific location of the glamping tent or tents to maximise tree retention.

Section 4.55(1A)(b) – Substantially the same development. The development as modified is substantially the same as the approved development for the following reasons:

The use of the site and structures remains consistent with the original approval.

There is no increase to the development footprint or major changes that will result in an increased impact.

The design changes do not substantially change or increase the buildings impact on the site or the intended purpose of the building.

The modification will result in minor layout and reconfigurations of the vehicle routes.

On this basis, the application is considered substantially the same. COMMUNITY STRATEGIC PLAN


Thriving and Safe Place to Live Enhance public safety, health and liveability through use of Council’s regulatory controls and services.



FINANCIAL/RESOURCE IMPLICATIONS The application could be potentially challenged in the Land and Environment Court. Defending Council determination could have financial implications.


($)

Comment

Existing Budget Yes

Reserve Funds No


Yes Development levy to be paid to Council based on a percentage relating to the Capital Investment Value (CIV) of the development.

External Grants No

Other No

LEGAL, POLICY AND RISK IMPLICATIONS The proposed development, subject to the recommended conditions, is consistent with the objectives of the applicable environmental planning instruments, being; State Environmental Planning Policy No. 44 – Koala Habitat Protection, State Environmental Planning Policy No 55 - Remediation of Land, State Environmental Planning Policy (Coastal Management) 2018, Port Stephens Local Environmental Plan 2013 (LEP 2013) and Port Stephens Council Development Control Plan 2014 (DCP 2014). A detailed assessment against these requirements are contained within the Planners Assessment Report contained in (ATTACHMENT 2).

Risk Risk Ranking


There is a risk that the application may be challenged at the Land and Environment Court.

Low Approve the application in line with the officer’s recommendations.

Yes

SUSTAINABILITY IMPLICATIONS Includes Social, Economic and Environmental Implications The amended design only proposes minor changes that will enable the efficient operation of the approved facility.

http://myport/corporateservices/organisationDevelopment/riskManagement/Corporate%20Risk%20Documents/Corporate%20Risk%20Management%20Brochure.pdf




The amended development is generally consistent with surrounding character and is in keeping with the context of the locality, with no increase to the approved building footprint. The development is not anticipated to result in significant adverse impacts on the locality, surrounding properties or public places. A detailed assessment of the proposed development has been carried out against the requirements of the EP&A Act 1979 and has been provided at (ATTACHMENT 2). Social and Economic Impacts The social and economic impact of the development remain consistent with those discussed in the original assessment. Impacts on the Built Environment The modification includes design and material changes to the Tourism Centre and Koala Clinic. The changes have been assessed as not adversely changing or resulting in harm to the bushland setting of the site. The proposed modification does not result in any adverse impacts to the built environment. Impacts on the Natural Environment The modification results in a minor increase to the number of trees being removed on the site. Consideration of tree removal has been provided elsewhere within the report. The amended Conditions of Consent (ATTACHMENT 3) include an additional condition to mitigate adverse impacts to the natural environment. CONSULTATION Consultation with key stakeholders has been undertaken. Notification of the application was not required as the changes were not considered to increase impact and no submissions were received in the notification of the original development application. Internal The application was referred to the following Council sections:

Development Engineering

Natural Recourses (Vegetation Management and Ecology)

Building Surveying

Environmental Health The referral comments from the officers were considered as part of the Planners Assessment Report contained in (ATTACHMENT 2).



External The application was notified to the following external authorities:

Hunter Water Corporation (HWC)

Ausgrid

Rural Fire Service (RFS) HWC and Ausgrid were notified of the proposed modifications, with neither raising any concerns or issues. The RFS were notified of the modification submitted to Council. To date, no concerns or issues have been raised. OPTIONS 1) Accept the recommendation. 2) Amend the recommendation. 3) Reject the recommendation. ATTACHMENTS 1) Locality Plan. ⇩ 2) Planners Assessment Report. ⇩ 3) Amended Conditions of Consent. ⇩ COUNCILLORS ROOM 1) Development Plans. Note: Any third party reports referenced in this report can be inspected upon request. TABLED DOCUMENTS Nil.


ITEM 2 - ATTACHMENT 1 LOCALITY PLAN.



ITEM 2 - ATTACHMENT 2 PLANNERS ASSESSMENT REPORT.



ITEM 2 - ATTACHMENT 3 AMENDED CONDITIONS OF CONSENT.





HERITAGE PROJECTS FUND 2019 - 2020 (SECOND ROUND) REPORT OF: STEVEN PEART - STRATEGY & ENVIRONMENT SECTION

MANAGER GROUP: DEVELOPMENT SERVICES

RECOMMENDATION IS THAT COUNCIL: 1) Endorse the allocation of funding for the Heritage Projects Fund 2019-2020

(Round 2) annual grant in accordance with the amounts and purposes prescribed below:

a. $2000 to St Brigid’s Catholic Church for the repair of leaks around windows in a heritage listed building.

b. $995 to the Raymond Terrace Historical Society for the production of a heritage walk brochure and map for Raymond Terrace Heritage Conservation Area.


163 Councillor Chris Doohan Councillor Ken Jordan It was resolved that Council endorse the allocation of funding for the Heritage Projects Fund 2019-2020 (Round 2) annual grant in accordance with the amounts and purposes prescribed below:

a. $2000 to St Brigid’s Catholic Church for the repair of leaks around windows in a heritage listed building.

b. $995 to the Raymond Terrace Historical Society for the production of a heritage walk brochure and map for Raymond Terrace Heritage Conservation Area.

BACKGROUND The purpose of this report is to seek Council endorsement for the allocation of grants from the Heritage Projects Fund to the projects recommended by Council's Section 355c Heritage Advisory Committee (ATTACHMENT 1). The report seeks Council endorsement for the allocation of a second round of grant funding because there were funds remaining after the initial allocation of grants in July 2019.



Each year, Council provides small grants to assist heritage projects through the Heritage Projects Fund (the Fund). Council administers this fund with support from the Biodiversity and Conservation Division (BCD) of the Department of Planning, Industry and Environment (formerly the Office of Environment and Heritage). The current funding for the year 2019 consisted of a total pool of $11,000. Council's contribution ($5500) being matched dollar for dollar ($5500) by the BCD. The first round of grant funding (Round 1) received 4 applications which were all recommended for funding as resolved by Council on 9 July 2019. The amount of funds awarded in Round 1 totalled $6072, leaving $4928 of grant funding remaining. If grant funding is not allocated within the 2019-2020 financial year, the funds are returned to Council and the BCD. Therefore, a second round of grant funding (Round 2) was advertised from 20 June 2019 to 18 July 2019, with 3 applications received. The applications were reviewed, and 2 applications are recommended for funding as outlined in (ATTACHMENT 1). One (1) application was assessed as inconsistent with the Heritage Projects Fund Guidelines and is not recommended for funding as outlined in (ATTACHMENT 1). COMMUNITY STRATEGIC PLAN


Recognised Traditions and Lifestyles Recognise and support the heritage of Port Stephens.

FINANCIAL/RESOURCE IMPLICATIONS There is $11,000 available annually from the Heritage Projects Fund. Round 1 awarded in July 2019 totalled $6072. Round 2 will total $2995 if all of the recommended grant funding is awarded. Of the remaining funds ($1933) allocated for this purpose, 50% ($966.50) will be returned to Council, and 50% will remain with the BCD.


($)

Comment

Existing budget Yes 2464 Sourced from the 2018 – 2019 financial year allocation for Heritage Projects Fund. $1933 funds remaining if all of the recommended grant funding is awarded.




($)

Comment

Reserve Funds No


No

External Grants Yes 2464 NSW Heritage Office has approved the grant to Port Stephens Council to Contribute to the Heritage Project Fund.

Other No

LEGAL, POLICY AND RISK IMPLICATIONS The recommendations have been made in accordance with Local Government Act 1993 (NSW) (s356) and Council's adopted Grants and Donations Policy. The recommendations for funding also align with Council’s relevant Fund Guidelines. To qualify for assistance under section 356(1) of the Local Government Act 1993, the purpose must assist the Council in the exercise of its functions. Functions under the Act include the provision of community, culture, health, sport and recreation services and facilities. Council’s Heritage Advisory Committee recommended that an application by the Soldiers Point Lions Club for Aboriginal themed street art on bus shelters is ineligible for funding as outlined in (ATTACHMENT 1). The Soldiers Point Lions Club was allocated $3000 in grant funding for this project through Council’s Cultural Projects Fund earlier in 2019. All projects recommended for funding satisfy the Guidelines (ATTACHMENT 1).

Risk Risk Ranking


There is a risk of adverse public perception regarding projects that are funded.

Low Ensure appropriate processes are followed in accordance with the Guidelines and conditions of funding.

Seek advice from the Heritage Advisory Committee.

Yes





Risk Risk Ranking


There is a risk that some grant recipients may fail to comply with required terms and conditions of funding.

Low Through ongoing communication with the recipients, ensure appropriate processes are followed in accordance with the Guidelines.

Include specific conditions in the funding agreements as required.

Yes

SUSTAINABILITY IMPLICATIONS Includes Social, Economic and Environmental Implications. The Heritage Projects Fund aims to improve heritage preservation and promotion in the Port Stephens local government area (LGA). The fund is intended to provide seed funding to community and other projects and promote greater community interest in the preservation and conservation of local heritage as a cultural community asset. Whilst the grants provide seed funding, applicants are required to fund the balance of the project costs. The estimated total cost of all the projects proposed to be funded in Round 2 is $7295. This is a significant contribution from the community and local asset owners allowing works to be done which may have otherwise not been achieved if not for the funding. CONSULTATION Consultation with key stakeholders has been undertaken by the Communications Section. The funding opportunity was promoted widely, including advertisements in the Port Stephens Examiner, Council's website and social media, and consultation with potential applicants. Internal The following internal consultation has taken place:

Review and assessment of each application by Council's Heritage Advisor.

Review and assessment of each application by the Heritage Advisory Committee. A summary of the recommendations from the Heritage Advisory Committee meeting is provided in (ATTACHMENT 1).





External The following external consultation has taken place:

Email notifications to a range of community organisations about the availability of the Heritage Grants.

Information about Heritage Grants was provided to members of the Heritage Advisory Committee with a request to distribute amongst potential applicants.

Advertisements in the Port Stephens Examiner, Council's website and social media.

One-on-one consultation with potential applicants by Council’s Heritage Advisor. Communication will continue throughout the project period to assist successful applicants. OPTIONS 1) Accept the recommendations. 2) Amend the recommendations. 3) Reject the recommendations. ATTACHMENTS 1) Heritage Committee - Grant Recommendations (Round 2) 2019-2020. ⇩ COUNCILLORS ROOM Nil. TABLED DOCUMENTS Nil.


ITEM 3 - ATTACHMENT 1 HERITAGE COMMITTEE - GRANT RECOMMENDATIONS (ROUND 2) 2019-2020.





ELECTRIC VEHICLE CHARGING POINTS FOR NEW DEVELOPMENTS REPORT OF: STEVEN PEART - STRATEGY & ENVIRONMENT SECTION

MANAGER GROUP: DEVELOPMENT SERVICES

RECOMMENDATION IS THAT COUNCIL: 1) Note the report on the review of proposed requirements for Electric Vehicle (EV)

Charging Points (ATTACHMENT 2).

2) Note the proposed changes to the national building regulations and NSW planning system to support requirements for EV Charging Points.

3) Amend the Port Stephens Development Control Plan 2014 to enable new commercial and other business uses required to provide parking in town centres to seek a reduction in parking requirements if they provide EV equipped car share spaces.


164 Councillor John Nell Councillor Jaimie Abbott It was resolved that Council: 1) Note the report on the review of proposed requirements for Electric

Vehicle (EV) Charging Points (ATTACHMENT 2).

2) Note the proposed changes to the national building regulations and NSW planning system to support requirements for EV Charging Points.

3) Amend the Port Stephens Development Control Plan 2014 to enable new commercial and other business uses required to provide parking in town centres to seek a reduction in parking requirements if they provide EV equipped car share spaces.

In accordance with Section 375 (A) of the Local Government Act 1993, a division is required for this item. Those for the Motion: Mayor Ryan Palmer, Crs Jaimie Abbott, Giacomo Arnott, Chris Doohan, Glen Dunkley, Ken Jordan, Paul Le Mottee, John Nell, Sarah Smith and Steve Tucker.



Those against the Motion: Nil. BACKGROUND On 9 July 2019, Council resolved to request the General Manager to prepare a report on the inclusion of Electric Vehicle (EV) Charging Points for all new developments in Port Stephens (Minute No.154) (ATTACHMENT 1). A report has been prepared to provide a high level review of requirements for EV Charging Points, including the options and alternatives available (the Report) (ATTACHMENT 2). The Report notes proposed changes to the national building regulations and NSW planning system which will support councils including requirements for EV Charging Points. The Report also notes proposed State requirements that would apply to new residential flat buildings. These initiatives are planned to occur in the short to medium term. Given these related initiatives, the Report recommends facilitating EV Charging Points in town centres by providing parking concessions for commercial and other business uses if EV equipped car share spaces are provided. This recommendation is consistent with the Greater Newcastle Metropolitan Plan and the recommendations of the Nelson Bay Independent Citizens Parking Panel. It is noted that the Local Strategic Planning Statement (the Statement) currently being prepared will include a range of actions related to adaptive and alternative transport that can reduce pollution, congestion and transport costs. These actions will be implemented through Council’s planning documents when the Statement has been adopted and the State and national policy and regulatory framework has been updated. COMMUNITY STRATEGIC PLAN


Thriving and Safe Place to Live Provide land use plans, tools and advice that sustainably support the community.

FINANCIAL/RESOURCE IMPLICATIONS


($)

Comment

Existing budget Yes

Reserve Funds No




($)

Comment


No

External Grants No

Other No

LEGAL, POLICY AND RISK IMPLICATIONS There are no known significant legal, policy or risk implications resulting from the proposal. Legal and policy considerations have been addressed in detail at (ATTACHMENT 2). Environmental Planning & Assessment Act 1979 (EP&A Act) Division 3.6 of the EP&A Act sets out the matters that a Development Control Plan can contain. The proposed amendments are consistent with the EP&A Act. Environmental Planning & Assessment Regulations (EP&A Regulations) Division 2 of Part 3 of the EP&A Regulations specifies the requirements for public participation of a draft Development Control Plan. The recommendation is in accordance with the provisions of the EP&A Regulations.

Risk Risk Ranking


There is a risk that the amendment will be inconsistent with, or will duplicate, future State planning requirements and national building requirements related to EV Charging Points.

Low Prepare the amendment to encourage new development to make provision for EV Charging Points rather than setting out requirements for EV Charging Points.

There is a risk that the amendment will be subject to legal challenge.

Low Publicly exhibit the amendment in accordance with the requirements in the EP&A Act.

SUSTAINABILITY IMPLICATIONS Includes Social, Economic and Environmental Implications The proposed Development Control Plan amendment will have overall positive social, environmental, and economic implications given it will support transport options that reduce pollution, congestion and costs.





CONSULTATION Consultation with key stakeholders has been undertaken by the Strategy and Environment Section. Internal Internal consultation with the Development Assessment and Compliance Section was undertaken with no objections to the recommendation. External Community consultation, including consultation with relevant State agencies will be undertaken during the public exhibition process. Consultation during public exhibition will include the Implementation Panels for Raymond Terrace, Medowie and Nelson Bay as well as the Nelson Bay Independent Citizens Parking Panel. In accordance with the planning legislation, the draft Development Control Plan amendment will go on public exhibition for 28 days. OPTIONS 1) Accept the recommendations. 2) Amend the recommendations. 3) Reject the recommendations. ATTACHMENTS 1) Minutes No. 154 - 9 July 2019. ⇩ 2) Report on Electric Vehicle Charging Points. ⇩ COUNCILLORS ROOM Nil. TABLED DOCUMENTS Nil.


ITEM 4 - ATTACHMENT 1 MINUTES NO. 154 - 9 JULY 2019.



ITEM 4 - ATTACHMENT 2 REPORT ON ELECTRIC VEHICLE CHARGING POINTS.





PCYC LEASE - 42 WILLIAM STREET, RAYMOND TERRACE REPORT OF: JANET MEYN - PROPERTY SERVICES SECTION MANAGER GROUP: CORPORATE SERVICES

RECOMMENDATION IS THAT COUNCIL: 1) Rescind Minute No. 239 of 23 August 2016 (ATTACHMENT 1).

2) Enter into a Lease with the Police Citizens Youth Club on Council owned land situated at 42 William Street, Raymond Terrace, for a period of 10 years with a 5 year option to renew.

3) Authorise the Mayor and General Manager to sign and affix the Seal to all necessary documentation.


165 Councillor Chris Doohan Councillor Sarah Smith It was resolved that Council: 1) Rescind Minute No. 239 of 23 August 2016 (ATTACHMENT 1).

2) Enter into a Lease with the Police Citizens Youth Club on Council owned land situated at 42 William Street, Raymond Terrace, for a period of 10 years with a 5 year option to renew.

3) Authorise the Mayor and General Manager to sign and affix the Seal to all necessary documentation.

BACKGROUND The purpose of this report is to secure approval to enter into a new 10 year Lease with the Police Citizens Youth Club (PCYC) on Council owned operational land at 42 William Street, Raymond Terrace (known as part Lot 104 DP 583648 and part Lot A DP 335934). Lease documentation had been signed by PCYC but on reviewing the documentation prior to Council’s execution it became evident that the premises was incorrectly described on the Lease and in the Council report dated 23 August 2016. This report is rectifying the description of the premises.



COMMUNITY STRATEGIC PLAN


Financial Management Maximise non-rate revenue and investment to support Council services.

FINANCIAL/RESOURCE IMPLICATIONS Nil.


($)

Comment

Existing budget Yes

Reserve Funds No


No

External Grants No

Other No

LEGAL, POLICY AND RISK IMPLICATIONS The lease documentation was prepared by Local Government Legal and the description of the premises has been amended in the documentation. There are no legal impediments for adopting the recommendations.

Risk Risk Ranking


There is a risk that the community may not have a gym provider in Raymond Terrace if the lease is not formalised.

Low Accept the recommendations.

Yes

There is a risk that we will not have a legally binding agreement governing PCYC’s occupation if we are unable to sign and register the lease.

Low Accept the recommendations.

Yes





SUSTAINABILITY IMPLICATIONS Includes Social, Economic and Environmental Implications Adopting the recommendation ensures a secure tenant for the facility and enables the tenant to manage and maintain the facility for community use. The highly valued community gym and health programs will be maintained and even increased under the management of the PCYC. CONSULTATION Nil. OPTIONS 1) Accept the recommendations. 2) Amend the recommendations. 3) Reject the recommendations. ATTACHMENTS 1) Minute No. 239 - 23 August 2016. ⇩ TABLED DOCUMENTS Nil. COUNCILLORS ROOM Nil.


ITEM 5 - ATTACHMENT 1 MINUTE NO. 239 - 23 AUGUST 2016.





SALE OF LAND FOR UNPAID RATES REPORT OF: TIM HAZELL - FINANCIAL SERVICES SECTION MANAGER GROUP: CORPORATE SERVICES

RECOMMENDATION IS THAT COUNCIL: 1) Authorise the signing of and affixing of the Council Seal to sale contracts

relating to the sale of land for unpaid rates for the following 4 properties:

a) Lot 137 DP 753192, 39 Lavis Lane Williamtown.

b) Lot 211 DP 1113487, 3884 Nelson Bay Road Bobs Farm.

c) Lot 145 DP 1138207, 6 Stockton Bight Track Fullerton Cove.

d) Lot 170 DP 1146444, 725A Hinton Road Osterley.


166 Councillor Chris Doohan Councillor Giacomo Arnott It was resolved that Council authorise the signing of and affixing of the

Council Seal to sale contracts relating to the sale of land for unpaid rates

for the following 4 properties:

a) Lot 137 DP 753192, 39 Lavis Lane Williamtown.

b) Lot 211 DP 1113487, 3884 Nelson Bay Road Bobs Farm.

c) Lot 145 DP 1138207, 6 Stockton Bight Track Fullerton Cove.

d) Lot 170 DP 1146444, 725A Hinton Road Osterley.

BACKGROUND The purpose of this report is to pass a resolution to affix the Council seal to the sale contracts of properties sold at the sale of land for unpaid rates auction on 16 November 2019. At its meeting on 28 May 2019, Minute 107 (ATTACHMENT 1), Council resolved to sell 6 properties for unpaid rates. Following payments received, 4 properties remain on the sale list with rates and charges outstanding for more than 5 years.



The properties are being marketed through Ray White Raymond Terrace who will conduct the auction, to be held at Pacific Dunes Golf and Country Club Championship Drive, Medowie NSW 2318 on Saturday 16 November 2019 at 10.00am. The 4 remaining properties will be sold by auction unless the overdue rates and charges are paid in full or a satisfactory payment plan is entered into prior to the time of sale. COMMUNITY STRATEGIC PLAN


Financial Management Maintain strong financial sustainability.

FINANCIAL/RESOURCE IMPLICATIONS Council is required to levy and collect rates. Sale of land for unpaid rates can only occur where the rates and charges have remained outstanding for more than 5 years.


($)

Comment

Existing budget Yes

Reserve Funds No


No

External Grants No

Other No

LEGAL, POLICY AND RISK IMPLICATIONS All parties with an interest in land have been notified of the sale and the required notices placed in the Port Stephens Examiner on 18 July 2019 and the NSW Government Gazette on 19 July 2019. Legal advice has indicated that the signing of the contract documents on the day of the auction may require the affixing of the seal in accordance with the Local Government Act 1993 and regulations.



Risk Risk Ranking


There is a risk that required officers may not be in attendance on the day to sign the contracts and affix the seal.

Low The recommendation lists the permitted combinations of staff and Councillors that may affix the Council Seal in accordance with legislation.

Yes

There is a risk that failure to adhere to legislative requirements might be challenged.

Low Sign contracts and affix the Council Seal as recommended.

Yes

SUSTAINABILITY IMPLICATIONS Includes Social, Economic and Environmental Implications There are no sustainability implications. CONSULTATION Consultation with key stakeholders has been undertaken by the Financial Services Section. Internal

Finance Revenue Coordinator.

Legal Services. External

Local Government Legal. OPTIONS 1) Accept the recommendations. 2) Amend the recommendations. 3) Reject the recommendations. ATTACHMENTS 1) Minute No.107 - 28 May 2019. ⇩





COUNCILLORS ROOM Nil. TABLED DOCUMENTS Nil.


ITEM 6 - ATTACHMENT 1 MINUTE NO.107 - 28 MAY 2019.




ITEM NO. 7 FILE NO: 19/240888 EDRMS NO: A2004-0242

2019-2020 BUDGET ITEMS CARRIED FORWARD REPORT OF: TIM HAZELL - FINANCIAL SERVICES SECTION MANAGER GROUP: CORPORATE SERVICES

RECOMMENDATION IS THAT COUNCIL: 1) Approve the revotes from the 2018-2019 budget as detailed in (ATTACHMENT

1) in this report and vote the necessary funds to meet expenditure.


167 Councillor Ken Jordan Councillor Jaimie Abbott It was resolved that Council approve the revotes from the 2018-2019 budget as detailed in (ATTACHMENT 1) in this report and vote the necessary funds to meet expenditure.

BACKGROUND The purpose of this report is to advise of the budget items from 2018-2019 that were not completed in that year and are proposed to be carried forward to 2019-2020 to a total of $18,785,008.72. COMMUNITY STRATEGIC PLAN



FINANCIAL/RESOURCE IMPLICATIONS The works included in this report were partially or wholly unexpended at the end of the last financial year; however, the funds are not automatically carried forward and require Council resolution. The majority of the works are funded from reserves and grants, and have little to no negative impact on Council’s Long Term Financial Plan.




($)

Comment

Existing budget No

Reserve Funds Yes Budget from 2018-2019.


Yes Budget from 2018-2019.

External Grants Yes Budget from 2018-2019.

Other Yes Budget from 2018-2019.

LEGAL, POLICY AND RISK IMPLICATIONS In accordance with the Local Government Act 1993 (NSW) and the Local Government (General) Regulations 2005, all budgets lapse at the end of the financial year and require a Council resolution to be reinstated. Failure to reinstate these budget votes would result in these projects being cancelled.

Risk Risk Ranking


There is a risk that unspent grant funds may have to be returned.

Low Accept the recommendation. Yes

SUSTAINABILITY IMPLICATIONS Includes Social, Economic and Environmental Implications There are no sustainability implications. CONSULTATION Consultation with key stakeholders has been undertaken by the Financial Services Section for the purpose of peer reviewing the need for projects to be carried forward. Internal

Property Services Section Manager.

Asset Section Manager.

Community Services Section Manager.

Holiday Parks Section Manager. External Nil.





OPTIONS 1) Accept the recommendation. 2) Amend the recommendation. 3) Reject the recommendation. ATTACHMENTS 1) Budget Items Carried Forward. ⇩ COUNCILLORS ROOM Nil. TABLED DOCUMENTS Nil.


ITEM 7 - ATTACHMENT 1 BUDGET ITEMS CARRIED FORWARD.





PSC2020 PROPOSED COMMUNITY PROJECTS - CENTRAL WARD AMENDMENT REPORT OF: ADAM STEWART - CIVIL ASSETS PLANNING MANAGER GROUP: FACILITIES & SERVICES

RECOMMENDATION IS THAT COUNCIL: 1) Submit the amended Central Ward projects listed below for public exhibition

and invite submissions.

2) Should no submissions be received as a result of the public exhibition, the amended Central Ward projects will be endorsed and funding sourced as outlined within report endorsed by Council at its meeting of 27 August 2019 (Minute No. 209).

Councillor John Nell left the meeting at 6:27pm prior to voting on the item. Councillor John Nell returned to the meeting at 6:28pm prior to voting on the item.


168 Councillor Steve Tucker Councillor Chris Doohan It was resolved that Council: 1) Submit the amended Central Ward projects listed below for public

exhibition and invite submissions.

2) Should no submissions be received as a result of the public exhibition, the amended Central Ward projects will be endorsed and funding sourced as outlined within report endorsed by Council at its meeting of 27 August 2019 (Minute No. 209).

BACKGROUND The purpose of this report is to request endorsement to amend the Central Ward project list identified within the report endorsed by Council at its meeting of 27 August 2019 (Minute No. 209) (ATTACHMENT 1).



Council considered a Notice of Motion regarding various community projects at its meeting of 25 June 2019 and the subsequent public engagement and consultation program has reiterated the community’s desire for these works to be undertaken. The project list put forth for the Central Ward, and particularly the Tilligerry Peninsula was still being discussed between Central Ward Councillors and the community leading up to the 27 August 2019 Council meeting. Subject to this consultation the Central Ward Councillors have requested the following amendments be made to the endorsed project list. b) Central Ward Rescinded:

Town Centre Works – Lemon Tree Passage/Tanilba Bay $600,000.

Amended to:

Skate park relocation and upgrade – Tilligerry Peninsula - $230,000.

Soccer and Athletics Club Amenities Upgrades - Mallabula Sports Complex -

$200,000.

Multisport Court facility – Mallabula Sports Complex - $150,000.

Peace Park, Tanilba Bay – BBQ installation - $20,000.




FINANCIAL/RESOURCE IMPLICATIONS The funding strategy will be in accordance with the report endorsed by Council at its meeting of 27 August 2019 (Min. No.209). LEGAL, POLICY AND RISK IMPLICATIONS

Risk Risk Ranking


There is a risk that if Council does not complete these projects then community expectations will not be met.

Low That Council endorses the amended project list for exhibition.

Yes





SUSTAINABILITY IMPLICATIONS Includes Social, Economic and Environmental Implications This asset renewal program will see numerous works completed to meet the expectations of many communities. CONSULTATION Consultation has been undertaken as part of the information sessions during July 2019 as well as between the Central Ward Councillors and the community thereafter. OPTIONS 1) Accept the recommendations. 2) Amend the recommendations. 3) Reject the recommendations. ATTACHMENTS 1) Minute No. 209 - 28 August 2019. ⇩ COUNCILLORS ROOM Nil. TABLED DOCUMENTS Nil.




MEMBERSHIP OF COMMITTEES AND GROUPS REPORT OF: TONY WICKHAM - GOVERNANCE SECTION MANAGER GROUP: GENERAL MANAGER'S OFFICE

RECOMMENDATION IS THAT COUNCIL: 1) Nominate memberships of Council committees, 355(c) committees and regional

committees and groups (ATTACHMENT 1).


169 Councillor Ken Jordan Councillor Chris Doohan It was resolved that Council: 1) Nominates membership of Council Committees, 355(c) committees

and regional committees and groups memberships as shown in

TABLE A below, and

2) Disband the Local Development Committee.

TABLE A

CURRENT COUNCIL 355C COMMITTEES AND REGIONAL COMMITTEES AND GROUPS FOR 2018/2019

Ref Committee Name

Purpose of Committee Meeting cycle

Group Number of elected members required

Current delegates

1 Aboriginal Strategic Committee

To exchange information between the Aboriginal community and Council on issues affecting Aboriginal people.

To promote mutual awareness and respect for the cultures of both Aboriginal and non Aboriginal communities.

Quarterly Development Services

As resolved by Council

Mayor Palmer

Alternate

Cr S Smith



2 Anna Bay/Birubi Community Hall and Landcare Group

To assist Council in the management of Anna Bay Hall.

To undertake maintenance and improvements to designated parks & reserves (as per map included in 355c Committee Terms of Reference Appendix).

Committees are required to hold at least three meetings per year at a time to be decided by the committee.

Corporate Services


Cr S Smith Cr C Doohan

3 Audit Committee

The Audit Committee is an advisory committee of Council comprising of two Council representatives and two external representatives.

The objective of the Audit Committee is to enhance the corporate governance of Council through the provision of independent oversight, review and advice. The Committee will assist Council by providing independent assurance and assistance on the organisation’s governance, risk, control and compliance frameworks.

At least four times a year or when necessary

General Manager's Office

2 councillors Cr G Dunkley Cr C Doohan

Alternate

Cr K Jordan

OLG guidelines preclude the Mayor from being a member of the Committee.

4 Boat Harbour Parks and Reserves Committee


Committees are required to hold at least three meetings per year at a time to be decided by the committee

Corporate Services



5 Bobs Farm Public Hall Committee

To assist Council in the management of Bobs Farm Hall.


Corporate Services


Cr S Tucker Cr S Smith



Ref Committee Name



Current delegates

6 Corlette Headland and Hall Committee

To assist Council in the management of Corlette Hall and Corlette Headland (as per map included in 355c Committee Terms of Reference Appendix).


Corporate Services


Cr G Dunkley

7 Fern Bay Community Centre Committee

To assist Council in the management of Fern Bay Community Centre


Corporate Services


Cr G Arnott Cr K Jordan Cr P Le Mottee

8 Fingal Bay Parks and Reserves Committee



Corporate Services


Cr J Nell

9 Heritage Advisory Committee

This committee is run by Council and supported by funds from the Heritage Office. Community members meet to raise and make recommendations on local heritage issues


Development Services

2 councillors Cr P Le Mottee

10 Hinton School of Arts, Parks and Foreshore Committee

To assist Council in the management of Hinton School of Arts. To undertake maintenance and improvements to designated parks and reserves (as per map included in 355c Committee Terms of Reference Appendix).


Corporate Services


Cr K Jordan



Ref Committee Name



Current delegates

11 Karuah Community Hall Committee

To assist Council in the management of Karuah Community Hall.


Corporate Services


Cr G Arnott Cr K Jordan Cr P Le Mottee Cr C Doohan Cr S Smith Cr S Tucker

12 Lemon Tree Passage Old School Centre Committee

To assist Council in the management of Lemon Tree Passage Old School Centre and surrounds.


Corporate Services


Cr S Tucker Cr S Smith Cr C Doohan

13 Mallabula Community Centre Committee

To assist Council in the management of Mallabula Community Centre.


Corporate Services



14 Mallabula Parks and Reserves Committee



Corporate Services



15 Mambo Wanda Wetlands, Reserves and Landcare Committee



Corporate Services


Cr J Nell



Ref Committee Name



Current delegates

16 Medowie Community Centre Committee

To assist Council in the management of Medowie Community Centre.


Corporate Services


Cr C Doohan

17 Medowie Sports Council

To facilitate communication between the sporting public and Council in order to ensure that the existing and future needs and requirements of those persons participating and administrating sports are accurately identified and brought to the attention of Council.

Meets every 3 months- February, May, August, November. 1st Monday of the month

Facilities & Services



18 Nelson Bay Community Hall Committee

To assist Council in the management of Nelson Bay Community Hall.


Corporate Services


Cr J Abbott

19 Port Stephens Australia Day Committee

To co-ordinate the annual celebration of Australia Day in Port Stephens in line with recommendations from Australia Day Council.



1 councillor from each ward

Cr C Doohan Cr S Smith Cr J Abbott Cr G Arnott Cr K Jordan

20 Port Stephens Native Flora Garden Committee

To undertake maintenance and improvements to the native flora garden


Corporate Services


Cr J Nell



Ref Committee Name



Current delegates

21 Port Stephens Sister Cities Committee

To promote and have ongoing relationships between international communities providing opportunities for cultural exchange


General Manager’s Office

Mayor and all councillors


22 Raymond Terrace Parks, Reserves and Tidy Towns Committee

To undertake maintenance and improvements to designated parks and reserves.


Corporate Services


Cr G Arnott Cr K Jordan Cr P Le Mottee

23 Raymond Terrace Senior Citizens Hall Management Committee

To assist Council in the management of the Raymond Terrace Senior Citizens Hall.


Corporate Services


Cr K Jordan Cr P Le Mottee Cr G Arnott

24 Salt Ash Community Hall

To assist Council in the management of Salt Ash Community Hall.


Corporate Services


Cr S Smith Cr C Doohan Cr S Tucker

25 Salt Ash Sports Ground Committee

To assist Council in the management, maintenance and improvements to Salt Ash Sports Ground.


Corporate Services


Cr S Smith Cr S Tucker Cr C Doohan



Ref Committee Name



Current delegates

26 Seaham Park & Wetlands Committee

To assist Council in the management, maintenance and improvements to the park and wetlands.


Corporate Services


Cr K Jordan Cr G Arnott Cr P Le Mottee

27 Local Infrastructure Contributions Panel Formerly Section 94 Panel

To inform Council of any proposed and/or requested changes to Council's Contributions Plan and associated systems and processes.

Six monthly Development Services

Mayor One councillor from each Ward

Mayor Palmer Cr S Tucker Cr G Arnott Cr G Dunkley Cr C Doohan Cr K Jordan

28 Soldiers Point - Salamander Landcare Group



Corporate Services


Cr J Nell

29 Strategic Arts Committee

To provide input into Port Stephens Council strategic policy, plans and programs relating to culture and the arts. To assist Council identify the existing and future requirements for arts and cultural facilities across Port Stephens.

Quarterly – 2nd Wednesday of the month



Mayor Palmer Cr S Tucker Cr J Nell Cr P Le Mottee

30 Tanilba Bay Parks, Reserves and Hall Committee

To assist Council in the management of Tanilba Bay Foreshore Hall. To undertake maintenance and improvements to designated parks & reserves (as per map included in 355c Committee Terms of Reference Appendix).


Corporate Services



31 Tilligerry Landcare Group



Corporate Services





Ref Committee Name



Current delegates

32 Tilligerry Sports Council


Every 4 months– February, June, October 3rd Monday



Mayor Palmer Cr S Tucker Cr S Smith Cr C Doohan

33 Tomaree Sports Council


Committee meets on the 4th Monday of February, May, August, November



Mayor Palmer Cr J Abbott Cr G Dunkley Cr J Nell Cr S Smith

34 West Ward Sports Council


Every 4 months– February, June, October 2nd Monday




35 Williamtown Hall Committee

To assist Council in the management of Williamtown Hall.


Corporate Services





REGIONAL COMMITTEES AND GROUPS

Ref Name of Organisation



Current delegates

36 AGL Newcastle Gas Storage Facility Community Dialogue Group

The purpose of a Community Consultative Committee is to provide a forum for discussion between a proponent and representatives of the community, stakeholder groups and the local council on issues directly relating to a specific State significant project.

As required General Manager's Office

Mayor Mayor Palmer

37 Birubi Point Cultural Heritage Advisory panel

To advise Port Stephens Council on the management plan required to protect the Worimi cultural and spiritual heritage and enhance the environment of the Birubi Point Crown Reserve and Birubi Point Aboriginal Place.

Meets 3 times per year


1 councillor Cr S Smith

38 Brandy Hill Quarry Community Consultative Committee

The purpose of a Community Consultative Committee is to provide a forum for discussion between a proponent and representatives of the community, stakeholder groups and the local council on issues directly relating to a specific State significant project.


1 councillor Cr P Le Mottee

39 Comprehensive Koala Plan of Management Implementation Committee

Responsible for overseeing the implementation of the Port Stephens Council Comprehensive Koala Plan of Management.

Meets quarterly


1 councillor Cr S Smith Alternate Cr J Nell

40 Community Projects Fund

To make recommendations to Council on applications received through the Grants process

Twice a year General Manager's Office

Mayor 1 councillor from each Ward

Mayor Palmer Cr K Jordan Cr C Doohan Cr J Abbott (1 Councillor from each Ward).






Current delegates

41 Floodplain Risk Management Committee

To review the Floodplain policy.

Quarterly Facilities and Services


Mayor Palmer Cr C Doohan Cr Dunkley Cr Nell Cr Le Mottee

42 General Manager Performance Review Panel

To conduct evaluation of the performance of the General Manager.

At least annual

Mayor's Office

Mayor Deputy Mayor 1 councillor nominated by Council 1 councillor nominated by the General Manager

Mayor Deputy Mayor Cr G Arnott (nominated by the Council) Plus a councillor nominated at the time by the General Manager

43 Holiday Parks Advisory Panel

To provide a forum for meaningful discussion, facilitating appropriate consultation and engagement to assist in the effective management and strategic direction of the Port Stephens Beachside Holiday Parks comprising of Fingal Bay Holiday Park, Shoal Bay Holiday Park, Halifax Holiday Park, Thou Walla Sunset Retreat and Port Stephens Koala Sanctuary.

Bi-monthly Corporate Services



44 Hunter Joint Organisation

To discuss regional issues in the Hunter.

Bi-monthly General Manager’s Office

Mayor Mayor Palmer






Current delegates

45 Local Government Community Safety & Crime Prevention Network NSW

Note: This is a Committee of the Port Stephens Local Area Command. Membership is by invitation from the Local Area Commander. Council's delegate is the Mayor.

To provide a forum for local community members, service providers, businesses and the police to discuss issues and appropriate strategies relating to crime and community safety.

**Attendees will be by invitation only, one representative will be invited by the Police from each peak body/organisation e.g. Hunter Water / Housing NSW). Council will hold two positions, one will be Community Engagement Officer, and the other will be the Mayor or his representative if unable to attend.

Meets quarterly


Mayor Mayor Palmer

46 Hunter Water Corporation Community Consultative Committee

This committee is an advisory committee to Hunter Water Corporation.


1 councillor Cr P Le Mottee Alternate Cr G Arnott

47 Hunter and Central Coast Regional Planning Panel Formerly Joint Regional Planning Panel

To consider development applications referred to the Panel under the legislation for development applications for the Port Stephens Local Government area. The Panel comprises of 3 State members and 2 Councillors. The term is for 3 years for each Panel member.

As required Development Services

2 elected members

Mayor Palmer Cr P Le Mottee Alternates Cr C Doohan Cr G Arnott Civil Assets Section Manager Strategy & Environment Section Manager

48 Disband






Current delegates

49 Local Traffic Committee

This is an RTA-based committee which allows Council to have delegated authority to install or remove regulatory sign posting on public roads.

Meets 1st Tuesday of the month


1 councillor Mayor Palmer Cr S Tucker

50 Lower Hunter Bushfire Management Committee

The committee is a legislative requirement and is to discuss direction across local government areas and across agencies in regard to bushfire management.

Meets quarterly


2 councillor Cr G Arnott Cr P Le Mottee

51 Lower Hunter Community Advisory Group

The Group is managed by Hunter Local Land Services (HLLS). The purpose is to provide an opportunity the HLLS to engage with stakeholders on a range matters, including strategic direction and programs.

Meets annual General Manager's Office

1 councillor Cr P Le Mottee

52 Marine Parks Advisory Panel

Ministerial Appointment

Community Consultative Committee regarding the proposed Marine Park in Port Stephens.

Meets a minimum of twice a year


1 councillor Cr J Nell Alternate Cr P Le Mottee

53 Medowie Planning Strategy Implementation Panel

To provide community advice to Council on the implementation of the Medowie Planning Strategy.



Mayor All Central Ward Councillors

Mayor Palmer Cr C Doohan Cr S Smith Cr S Tucker

54 Nelson Bay Strategy Implementation Panel

To provide community advice to Council on the implementation of the Nelson Bay Planning Strategy.



Mayor All East Ward Councillors

Mayor Palmer Cr Abbott Cr G Dunkley Cr J Nell

55 Newcastle Airport Partnership Company No. 3 Pty Ltd

Special Purpose Vehicle for the part ownership of Newcastle Airport.

Quarterly General Manager’s Office

Mayor Deputy Mayor (General Manager) (Financial Services Manager)

Mayor Palmer Deputy Mayor (General Manager) (Financial Services Manager)






Current delegates

56 Newcastle Airport Partnership Company No. 4 Pty Ltd

Special Purpose Vehicle for the part ownership of Newcastle Airport.


Mayor Deputy Mayor (General Manager) (Financial Services Manager)

Mayor Palmer Deputy Mayor (General Manager) (Financial Services Manager)

57 Newcastle Airport Partnership

The partnership is responsible for the development and management of Newcastle Airport and related infrastructure.


Mayor (General Manager)

Mayor Palmer (General Manager)

58 Greater Newcastle Aerotropolis Partnership

The partnership is responsible for the Astra Aero Lab.


Mayor (General Manager)

Mayor Palmer (General Manager)

59 Newcastle Airport Pty Limited

To manage the operations of Newcastle Airport.


Mayor as Port Stephens Council Shareholder representative Deputy Mayor as Port Stephens Council Shareholder Representative proxy.

Mayor as Port Stephens Council Shareholder representative Deputy Mayor as Port Stephens Council Shareholder Representative proxy. Mayor as Port Stephens Council appointed Director. General Manager as Port Stephens Council appointed Director.






Current delegates

60 Greater Newcastle Aerotropolis Pty Limited

To manage the operations of Astra Aero Lab


Mayor as Port Stephens Council Shareholder representative Deputy Mayor as Port Stephens Council Shareholder Representative proxy.

Mayor as Port Stephens Council Shareholder representative Deputy Mayor as Port Stephens Council Shareholder Representative proxy. Mayor as Port Stephens Council appointed Director. General Manager as Port Stephens Council appointed Director.

61 NSW Public The purpose of the Meets 3 Facilities & As resolved by Cr S Tucker Libraries Association is to champion times per Services Council

Association the public library cause, year

(Central East strengthen the public library

Zone) network, advocate

effectively, foster

cooperation and

collaboration, build trust

and support, initiate

partnerships and share

relevant information.

62 Port Stephens To explore the options available for re- development of the Council depot at Raymond Terrace.

Bi-annual Facilities & As resolved by Mayor Palmer Council Depot Services Council Cr K Jordan re-development Cr J Nell Committee Cr G Arnott

63 Port Stephens Economic Development Advisory Panel

Act as a communication and advisory mechanism to Council on relevant Economic Development issues.

Quarterly Development Services

Mayor 1 councillor from each Ward

Mayor Palmer Cr C Doohan Cr G Dunkley Cr G Arnott

Oversee the implementation of the Economic Development Strategy.






Current delegates

64 Port Stephens Floodplain Advisory Panel

To provide advice on flood/floodplain management studies/plans

As required Facilities & Services

1 councillor Cr P Le Mottee Alternate Cr G Arnott

65 Port Stephens/Myall Lakes Estuary and Coastal Zone Management Committee

This Committee includes representatives from Great Lakes Council and is responsible for long term planning for the estuary and the coastline.

As required Development Services

1 Councillor Cr J Nell

Alternate Cr P Le Mottee

66 Property Advisory Committee

To provide a forum to address property management and development matters.

Bi-monthly Corporate Services

Mayor One Councillor from each Ward

Mayor Palmer Cr C Doohan Cr P Le Mottee Cr K Jordan Cr G Dunkley

67 Raymond Terrace and Heatherbrae Strategy Implementation Panel

To provide community advice to Council on the implementation of the Raymond Terrace and Heatherbrae Strategy 2015-2031.



Mayor All West Ward Councillors

Mayor Palmer Cr G Arnott Cr K Jordan Cr Le Mottee

68 Salt Ash Sand Project Community Consultative Committee

The purpose of a Community Consultative Committee is to provide a forum for discussion between a proponent and


1 councillor Cr Tucker

representatives of the

community, stakeholder

groups and the local

council on issues directly

relating to a specific State

significant project.

69 RFS District Liaison Committee

To review the progress of the service level agreement between Port Stephens Council and NSW Rural Fire Service in the local government area.

As set by RFS Facilities & Services

1 councillor Cr Arnott Alternate Mayor Palmer






Current delegates

70 Williamtown Consultative Committee Forum

To provide a forum for the residents of Williamtown area to discuss relevant issues with Federal, State and Local Government elected members and agencies.

Annually General Manager’s Office

Mayor Mayor Palmer (General Manager)

71 Worimi Conservation Lands Board of Management

To oversee the management of the lands owned by the Aboriginal owners and leased back to the NSW Government.

Meets 4 times a year


1 councillor and an alternate

Cr J Abbott

Alternate Cr S Smith

Ministerial Appointment

BACKGROUND The purpose of this report is to review the various committees and groups Council has either established, or is involved with through the community.

In accordance with legislation, Council is required to nominate delegates and adopt the list of 355(c) Committees. As part of Council’s commitment to community partnerships, it provides opportunities for the community to be involved with the management of the facilities they use. Council has established over 30 community committees, which are involved in the care and management of Council’s parks, reserves, services and facilities. These committees are allowable under Section 355 and Section 377 of the Local Government Act, which allow Council to delegate certain functions. For a 355(c) committee, the written record of delegations is contained in the 'committee constitution' as prepared and adopted by Council. Functions that cannot be delegated (under Section 377) are listed in the constitution. Any change to delegations to a 355(c) committee must be effected by resolution of Council. The key concept is that a 355(c) committee is a Council committee. Committees include Councillor representation and a Council staff member responsible for liaison. A 355(c) committee operates as an entity of Port Stephens Council and not as a separate entity in a commercial sense. This means that these committees use Council’s Australian Business Number (ABN) when trading goods and services and are required to report on a monthly basis as is required of Council.



A 355(c) committee constitution consists of a standard constitution, which is applicable to all committees and a schedule customised for each individual committee. This provides the framework of how a 355(c) committee operates and is supported by procedures, systems and reporting requirements. Council has the same responsibilities for 355(c) committee members as they do for staff including Workplace Health & Safety (WH&S), Code of Conduct and responsibility for activities. A number of 355(c) Committees undertake work in areas such as dune stabilisation, weed eradication, litter removal, tidy towns program participation and providing environmental information and support to Council. These groups work under direction from Council staff to ensure these activities are performed in accordance with recognised practices. Council has in excess of 30 355(c) committees with over 700 members. The activities and projects undertaken by committees are often those not financially possible for Council without this volunteer assistance. Examples include:

FACILITY MANAGEMENT MAINTENANCE & IMPROVEMENTS TO

RESERVES

OTHER

Community Halls Parks and Reserves Advisory Committees

Sporting Ovals Foreshore Reserves Sports Council

Cemeteries

Regional Committees and Groups In addition to the 355(c) Committees, Councillors and Council staff participate in, and are members of a number of regional committees and groups established to promote an integrated approach to delivering and managing services and addressing issues across the Local Government Area. Note: The previous list of Committees and Groups is shown at (ATTACHMENT 1) with previous years’ delegates are shown in italics.



Governance Provide a strong ethical governance structure.



FINANCIAL/RESOURCE IMPLICATIONS Financial and Resource implications are provided for within the existing budget.


($)

Comment

Existing budget Yes

Reserve Funds No


No

External Grants No

Other No

LEGAL, POLICY AND RISK IMPLICATIONS Council has a legal obligation under the Local Government Act 1993 to ensure it reviews and appoints 355 (c) Committees and delegates in accordance with the legislation.

Risk Risk Ranking


There is a risk that Council could be in breach of the Local Government Act 1993, if it fails to appoint the committees/groups/ organisations as listed in (ATTACHMENT 1) and functions are conducted on Council’s behalf.

Low Council appoint elected representatives as outlined in the report and adopt the committees/groups/ organisations as listed in (ATTACHMENT 1).

Yes

SUSTAINABILITY IMPLICATIONS Includes Social, Economic and Environmental Implications Nil. CONSULTATION Consultation with key stakeholders has been undertaken by the Governance Section including the Council officers and the Executive Team.





OPTIONS 1) Accept the recommendations. 2) Amend the recommendations. 3) Reject the recommendations. ATTACHMENTS 1) 2018-2019 355C Committees and Regional Committees and Groups ⇩ COUNCILLORS ROOM Nil. TABLED DOCUMENTS Nil.


ITEM 9 - ATTACHMENT 1 2018-2019 355C COMMITTEES AND REGIONAL COMMITTEES AND GROUPS





POLICY REVIEW: MANAGEMENT OF COMPETITIVE NEUTRALITY REPORT OF: TONY WICKHAM - GOVERNANCE SECTION MANAGER GROUP: GENERAL MANAGER'S OFFICE

RECOMMENDATION IS THAT COUNCIL: 1) Endorse the revised Management of Competitive Neutrality Complaints Policy

shown at (ATTACHMENT 1).

2) Place the Management of Competitive Neutrality Complaints Policy, as amended on public exhibition for a period of 28 days and should no submissions be received, the policy be adopted as amended, without a further report to Council.

3) Revoke the Management of Competitive Neutrality Complaints Policy dated 24 October 2017, Minute No. 259 (ATTACHMENT 2), should no submissions be received.


170 Councillor Glen Dunkley Councillor Chris Doohan It was resolved that Council: 1) Endorse the revised Management of Competitive Neutrality

Complaints Policy shown at (ATTACHMENT 1).

2) Place the Management of Competitive Neutrality Complaints Policy, as amended on public exhibition for a period of 28 days and should no submissions be received, the policy be adopted as amended, without a further report to Council.

3) Revoke the Management of Competitive Neutrality Complaints Policy dated 24 October 2017, Minute No. 259 (ATTACHMENT 2), should no submissions be received.

BACKGROUND The purpose of this report is to recommend the adoption of the revised Management of Competitive Neutrality Complaints Policy (policy) shown at (ATTACHMENT 1).



The purpose of the Management of Competitive Neutrality Complaints Policy is to ensure Port Stephens Council has a framework to manage and investigate complaints received concerning competitive neutrality. Whilst Council currently has not classified any of its business units in line with the categories under the Competitive Neutrality Guidelines, Council needs to ensure a process is in place to deal with any complaints received. The policy has been reviewed as part of Council's ongoing policy review program. COMMUNITY STRATEGIC PLAN


Governance Provide a strong ethical governance structure.

FINANCIAL/RESOURCE IMPLICATIONS All costs associated with the development and implementation of the policy is within the existing budget.


($)

Comment

Existing budget Yes

Reserve Funds No


No

External Grants No

Other No

LEGAL, POLICY AND RISK IMPLICATIONS The policy has been development to meet be requirements of the Office of Local Government.

Risk Risk Ranking


There is a risk that Council may be in breach of legislation without a policy framework in place.

Low Adopt the recommendation. Yes





SUSTAINABILITY IMPLICATIONS Includes Social, Economic and Environmental Implications The policy framework ensures that Council can meet the objectives of the National Competition Policy and maintains a business approach when competing with the private sector, where applicable. CONSULTATION Consultation with key stakeholders has been undertaken by the Governance and Legal Services Unit. Internal The policy has been endorsed by Council's Executive Team. External Council is required to publicly exhibit the policy for a period of 28 days, seeking public comment. OPTIONS 1) Accept the recommendations. 2) Amend the recommendations. 3) Reject the recommendations. ATTACHMENTS 1) Revised Management of Competitive Neutrality Policy. ⇩ COUNCILLORS ROOM Nil. TABLED DOCUMENTS Nil.


ITEM 10 - ATTACHMENT 1 REVISED MANAGEMENT OF COMPETITIVE NEUTRALITY POLICY.





2020 LOCAL GOVERNMENT ELECTION REPORT OF: TONY WICKHAM - GOVERNANCE SECTION MANAGER GROUP: GENERAL MANAGER'S OFFICE

RECOMMENDATION IS THAT PORT STEPHENS COUNCIL: 1) Pursuant to s. 296(2), (3) and (5A) of the Local Government Act 1993 (NSW)

(‘the Act’) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

2) Pursuant to s. 296(2), (3) and (5A) of the Act, as applied and modified by s. 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

3) Pursuant to s. 296(2), (3) and (5A) of the Act, as applied and modified by s. 18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.


171 Councillor Giacomo Arnott Councillor Sarah Smith It was resolved that Council: 1) Pursuant to s. 296(2), (3) and (5A) of the Local Government Act 1993

(NSW) (‘the Act’) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

2) Pursuant to s. 296(2), (3) and (5A) of the Act, as applied and modified by s. 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

3) Pursuant to s. 296(2), (3) and (5A) of the Act, as applied and modified by s. 18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.



BACKGROUND The purpose of this report is to allow Council to determine the method of conducting the 2020 local government election in Port Stephens. Council considered a similar report at its meeting on 26 February 2019 (ATTACHMENT 1), however the report was subject to the Independent Pricing and Regulatory Tribunal’s (IPART) report into the costs of running local government elections. This report has been finalised and is currently with the Minister for Local Government. Council is required to resolve to enter into arrangements with either the NSW Electoral Commission (NSWEC) or an electoral services providers, to administer the 2020 ordinary council election by 1 October 2019, with 1 January 2020 being the due date to finalise the arrangements. Given the IPART report is not available, Council will need to make a decision on the information available. The draft IPART report indicated council elections, based on IPARTs modelling, could increase on average by 62% compared to the 2016-2017 election costs. This may result in Port Stephens election costs increasing to around $652,000, if Council engaged the NSWEC. It is not known, at this stage, if Council can expect an increase of 62%. This will be subject to the final report being released, and the NSWEC providing an estimate of costs. The NSWEC has indicated it will not provide an estimate of costs until the IPART report is released. As Council is aware, the next NSW local government ordinary elections will be held in September 2020. Under the Local Government Act 1993, Council has the option of engaging the NSWEC or conducting the election 'in-house', by contract. Council conducted the 2012 local government election 'in-house’, with the 2017 local government election conducted by the NSWEC. Council has participated in a tender process through Regional Procurement for the 2020 election to be conducted by contract. The only tender received was from the Australian Election Company. It is recommended that Council engage the NSWEC to conduct the 2020 local government election in Port Stephens, based on past experience of conducting local government elections and their performance at the 2017 election. The recommendation is worded specifically to engage the NSWEC. Whilst there is no timeframe within the recommendation, under the legislation it will not commence until the 2020 local government election and can be terminated immediately following the 2020 election should Council wish. Alternatively, it will remain in place until 18 months prior to the 2024 local government election.






FINANCIAL/RESOURCE IMPLICATIONS The local government election is funded from an election reserve fund. The tender received from Australian Election Company for the Port Stephens Council local government election totalled $511,707.


($)

Comment

Existing budget No

Reserve Funds Yes


No

External Grants No

Other No

LEGAL, POLICY AND RISK IMPLICATIONS In accordance with s296 of the Local Government Act 1993, Council is required to pass a resolution of its intention in relation to conducting the 2020 local government election for Port Stephens. Section 55 of the Local Government Act 1993 (the Act), at the time, required tenders to be called for certain Council activities where the value will exceed $150,000, and also provides exemptions that may apply. Section 55(3) (p) of the Act provides an exemption to the NSWEC – therefore NSWEC is not required to tender for an election contract. The $150,000 threshold has now increased to $250,000.

Risk Risk Ranking


There is a risk that Council will not be able to engage the NSWEC should this resolution not be passed before 1 October 2019.

Low Adopt the recommendations.

Yes





SUSTAINABILITY IMPLICATIONS Includes Social, Economic and Environmental Implications Nil. CONSULTATION Consultation with key stakeholders has been undertaken by the Governance Section. Internal General Manager. External Council has consulted the NSWEC and Regional Procurement through the tender process. OPTIONS 1) Accept the recommendations. 2) Amend the recommendations. 3) Reject the recommendations. ATTACHMENTS 1) Minute No. 041 - 26 February 2019. ⇩ COUNCILLORS ROOM Nil. TABLED DOCUMENTS Nil.


ITEM 11 - ATTACHMENT 1 MINUTE NO. 041 - 26 FEBRUARY 2019.





28TH ANNUAL NSW COASTAL CONFERENCE - TERRIGAL - 29 OCTOBER TO 1 NOVEMBER 2019 REPORT OF: WAYNE WALLIS - GENERAL MANAGER GROUP: GENERAL MANAGER'S OFFICE

RECOMMENDATION IS THAT COUNCIL: 1) Endorse the attendance of Cr John Nell at the 28th NSW Coastal Conference to

be held in Terrigal from 29 October to 1 November 2019.


172 Councillor Ken Jordan Councillor Glen Dunkley It was resolved that Council endorse the attendance of Cr John Nell at the 28th NSW Coastal Conference to be held in Terrigal from 29 October to 1 November 2019.

BACKGROUND The purpose of this report is to inform Council of the 28th NSW Coastal Conference to be held in Terrigal from 29 October to 1 November 2019. The NSW Coastal Conference has grown to become one of the most successful coastal industry events held in Australia. The conference will bring together over 250 delegates from a diverse range of fields, including: all aspects of coastal, estuarine and marine management, science and research, and education, planning, policy and law; and includes representatives from government, the private sector and community groups and the interested public. The conference program is shown at (ATTACHMENT 1). The conference is open to all Councillors. As Councillors are aware, the Payment of Expenses and Provision of Facilities to Mayor/Councillors Policy requires that a resolution of Council be sought for all travel outside of the Hunter Region.






FINANCIAL/RESOURCE IMPLICATIONS The conference registration fee is $895. The costs associated with registration, travel and accommodation will be covered from within the existing budget, subject to any individual Councillor not exceeding the conference budget limits in the policy.


($)

Comment

Existing budget Yes $895 registration costs. Travel and accommodation will be additional to this cost.

Reserve Funds


External Grants

Other

LEGAL, POLICY AND RISK IMPLICATIONS The Payment of Expenses and Provision of Facilities to Mayor/Councillors Policy requires Council to approve all Councillor conference attendances outside of the Hunter Region. Councillors’ conference costs are limited to $3000 per year under the Policy.

Risk Risk Ranking


There is a risk that Port Stephens Council will not be represented on the matters at the conference.

Low That the recommendation be adopted.

Yes





SUSTAINABILITY IMPLICATIONS Includes Social, Economic and Environmental Implications Ensuring the local government area is well represented in all matters at the conference will benefit the Port Stephens community. Information received will be distributed to the appropriate members of the community and relevant Council staff. CONSULTATION Nil. OPTIONS 1) Accept the recommendation. 2) Amend the recommendation. 3) Reject the recommendation. ATTACHMENTS 1) NSW Coastal Conference Program. ⇩ COUNCILLORS ROOM Nil. TABLED DOCUMENTS Nil.


ITEM 12 - ATTACHMENT 1 NSW COASTAL CONFERENCE PROGRAM.





REQUEST FOR FINANCIAL ASSISTANCE REPORT OF: WAYNE WALLIS - GENERAL MANAGER GROUP: GENERAL MANAGER'S OFFICE

RECOMMENDATION IS THAT COUNCIL: 1) Approves provision of financial assistance under Section 356 of the Local

Government Act 1993 from the respective Mayor and Ward Funds to the following:

a. Nelson Bay Golf Club – Mayoral Funds - $1000 Donation towards the Movers and Shakers Parkinson’s Charity Golf Day.

b. Yacaaba Centre – Mayoral Funds - $1500 Donation towards the upgrade of the Centre computer system.

c. St Vincent de Paul Society NSW – Central Ward Funds - $500 donation towards the purchase of a display clothes stand and signage for the Medowie Centre.

d. Nelson Bay PCYC – East Ward Funds - $500 donation towards installation of a Pickleball court within club facilities.


173 Councillor Ken Jordan Councillor Glen Dunkley It was resolved that Council approves provision of financial assistance under Section 356 of the Local Government Act 1993 from the respective Mayor and Ward Funds to the following:

a. Nelson Bay Golf Club – Mayoral Funds - $1000 Donation towards the Movers and Shakers Parkinson’s Charity Golf Day.

b. Yacaaba Centre – Mayoral Funds - $1500 Donation towards the upgrade of the Centre computer system.

c. St Vincent de Paul Society NSW – Central Ward Funds - $500 donation towards the purchase of a display clothes stand and signage for the Medowie Centre.

d. Nelson Bay PCYC – East Ward Funds - $500 donation towards installation of a Pickleball court within club facilities.



BACKGROUND The purpose of this report is to determine and, where required, authorise payment of financial assistance to recipients judged by the Mayor and or Councillors as deserving of public funding. The Grants and Donations Policy gives the Mayor and Councillors a wide discretion either to grant or to refuse any requests. Council's Grants and Donations Policy provides the community, the Mayor and Councillors with a number of options when seeking financial assistance from Council. Those options being: 1. Mayoral Funds 2. Rapid Response 3. Community Financial Assistance Grants – (bi-annually) 4. Community Capacity Building Council is unable to grant approval of financial assistance to individuals unless it is performed in accordance with the Local Government Act 1993. This would mean that the financial assistance would need to be included in the Operational Plan or Council would need to advertise for 28 days of its intent to grant approval. Council can make donations to community groups. The requests for financial assistance are shown below: MAYORAL FUNDS – Mayor Palmer

Nelson Bay Golf Club.

A members club with a special charter to ensure the course is open every day to the thousands of visitors to Port Stephens each year.

$1000 Donation towards the Movers and Shakers Parkinson’s Charity Golf Day.

Yacaaba Centre. An information and counselling service in Port Stephens.

$1500 Donation towards the upgrade of the Centre computer system.



CENTRAL WARD – Councillors Doohan, Smith and Tucker

St Vincent de Paul Society NSW.

A not for profit community organisation helping people in the community who are facing poverty and inequality.

$500 – rapid response.

Donation towards the purchase of a display clothes stand and signage for the Medowie Centre

EAST WARD – Councillors Abbott, Dunkley and Nell

Nelson Bay PCYC. A non-profit youth organisation working with Police and community to empower young people to reach their potential.

$500 – rapid response.

Donation towards the installation of a Pickleball court within club facilities.



Community Partnerships Support financially creative and active communities.

FINANCIAL/RESOURCE IMPLICATIONS


($)

Comment

Existing budget Yes

Reserve Funds No


No

External Grants No

Other No

LEGAL AND POLICY IMPLICATIONS To qualify for assistance under Section 356(1) of the Local Government Act 1993, the purpose must assist the Council in the exercise of its functions. Functions under the Act include the provision of community, culture, health, sport and recreation services and facilities.



The Policy interpretation required is whether the Council believes that: a) applicants are carrying out a function, which it, the Council, would otherwise

undertake. b) the funding will directly benefit the community of Port Stephens. c) applicants do not act for private gain.

Risk Risk Ranking


There is a risk that Council may set a precedent when allocating funds to the community and an expectation those funds will always be available.

Low Adopt the recommendations.

Yes

SUSTAINABILITY IMPLICATIONS Includes Social, Economic and Environmental Implications Nil. CONSULTATION Consultation with key stakeholders has been undertaken by the General Manager's Office. Consultation has been taken with the key stakeholders to ensure budget requirements are met and approved. OPTIONS 1) Accept the recommendation. 2) Vary the dollar amount before granting each or any request. 3) Decline to fund all the requests. ATTACHMENTS Nil.





COUNCILLORS ROOM Nil. TABLED DOCUMENTS Nil.




INFORMATION PAPERS REPORT OF: WAYNE WALLIS - GENERAL MANAGER GROUP: GENERAL MANAGER'S OFFICE

RECOMMENDATION IS THAT THAT COUNCIL: Receives and notes the Information Papers listed below being presented to Council on 24 September 2019.

No: Report Title Page: 1 August 2019 Cash and Investments 152 2 Petition: To not allow residential development on Boomerang Park

155 3 Report on LGPA National Congress & Business Expo, Darwin - 31 July

to 2 August 2019 159 4 Council Resolutions 163


174 Councillor Giacomo Arnott Councillor Paul Le Mottee It was resolved that Council receives and notes the Information Papers listed below being presented to Council on 24 September 2019.

No: Report Title: 1 August 2019 Cash and Investments 2 Petition: To not allow residential development on Boomerang

Park 3 Report on LGPA National Congress & Business Expo, Darwin -

31 July to 2 August 2019 4 Council Resolutions



INFORMATION PAPERS




AUGUST 2019 CASH AND INVESTMENTS REPORT OF: TIM HAZELL - FINANCIAL SERVICES SECTION MANAGER GROUP: CORPORATE SERVICES BACKGROUND The purpose of this report is to present Council's schedule of cash and investments held at 31 August 2019. ATTACHMENTS 1) August 2019 Cash and Investments. ⇩ 2) August 2019 Cashflow Report. ⇩


ITEM 1 - ATTACHMENT 1 AUGUST 2019 CASH AND INVESTMENTS.



ITEM 1 - ATTACHMENT 2 AUGUST 2019 CASHFLOW REPORT.





PETITION: TO NOT ALLOW RESIDENTIAL DEVELOPMENT ON BOOMERANG PARK REPORT OF: JANET MEYN - PROPERTY SERVICES SECTION MANAGER GROUP: CORPORATE SERVICES BACKGROUND The purpose of this report is to present to Council a petition to not allow residential development on Boomerang Park. The petition received from the Boomerang Park Preservation Group Incorporated contains a total of 3,394 signatures – 1,672 signatures appear to be residents of Raymond Terrace, with 1,722 signatures noting other suburbs as their place of residence. The contents of the letter/petition at (ATTACHMENT 1) have been reviewed and will be taken into consideration and form part of the Boomerang Park Planning Proposal findings. ATTACHMENTS 1) Letter Boomerang Park Petition. ⇩ COUNCILLORS ROOM Nil. TABLED DOCUMENTS Nil.


ITEM 2 - ATTACHMENT 1 LETTER BOOMERANG PARK PETITION.





REPORT ON LGPA NATIONAL CONGRESS & BUSINESS EXPO, DARWIN - 31 JULY TO 2 AUGUST 2019 REPORT OF: RYAN PALMER - MAYOR

CHRIS DOOHAN - COUNCILLOR GROUP: GENERAL MANAGER'S OFFICE BACKGROUND The purpose of this report is provide feedback from the LGPA National Congress & Business Expo 2019. The congress was attended by Mayor Ryan Palmer, Councillor Chris Doohan and Wayne Wallis, General Manager. The congress was officially opened Thursday morning with a warm welcome to country from a local Aboriginal Elder who spoke about always `having a go` and to not be bound by tradition but to grow tradition. Keynote - Michelle Guthrie- Combating the Politicisation of the CEO Key Points:

Treat ratepayer as citizen, not consumer. We have to go to them, the ‘pull not push’ theory.

Discussed the challenge for GM/CEO in working in the political sphere yet having to deliver services and manage budget, risk, staff etc.

The challenge of organisational change/transformation in a political environment is something that is hard but necessary. Make the ‘hard right’ decisions, not what’s easy and popular.

While local issues matter, still need to invest to bring it to life.

Very interesting perspective on how Google needs local input and value. Not different to local government.

Challenge is to deliver, make people feel better, surprise and delight people. I see events and social programs as being so important here.

Great example of using data to drive innovation. We need to ensure we keep our focus in this area and continue to improve our data reporting and turning this data into knowledge, wisdom and good decision making.

Need to keep an eye out for disrupters and emerging risks/opportunities. This is an OFI for our organisation and broader community.

`Great ideas` grant that ABC ran. Terrific initiative for a large organisation and really empowered employees to innovate. Maybe we can improve our “good ideas” process based on this.

Be very aware, just because someone or some group is vocal, it doesn’t necessarily mean they are representative of the community.



Geoff Gallop- Future Democracy and Challenging Mistrust Key Points:

Terrific discussion on how democracy is changing, the views people have of politicians and the challenges.

The concept of new democracy and what it means in terms of engaging with the community for better decision making and governance.

The need to manage disillusionment and mistrust and what it leads to. This being a loss of performance and anthills into mountains when not appropriate.

The need for perspective and discipline to keep out of populist politics and poor decision making.

Interesting idea on how real democratic process of election could work - random selection as opposed to voting. Citizens’ juries!

Note that Belgium and Ireland are doing something similar now on various issues. WA government did so with a project related to Perth.

Citizen Engagement Panel- Kettering Foundation Key Points:

Based in USA, it’s been set up to help improve democracy across the globe.

Democracy is realised when people can and do exercise their power and involvement in decision making.

We need to create an environment where people feel they can make a difference.

Need to see people as contributors and not just ratepayers. Help them be involved in decision making and galvanising community.

They say it’s all down to how we engage with them and create opportunity.

How do we align what we do with how they do things? - create similar language and opportunity.

Lincoln’s statement- Government of the people, for the people and by the people. It’s the ‘by the people’ aspect that seems to be missing.

Citizen Engagement Panel - Liana Thompson - City of Whittlesea Key Points:

Massive organisation and incredible growth rates.

Used the ‘deliberative’ engagement model for their community long term strategy process. This is similar to option for us re CSP and what Geoff Gallop spoke to.

Not surprisingly, their community aspirations are very similar to ours.

They have integrated their community strategy outcomes into their award and internal performance process.

Interestingly, after all of their engagement activities and effort to improve, their customer satisfaction results did not change.



Key insight is that maybe they haven’t changed their approach to how they deliver services. Their way forward is to put customers at the heart of what and how they do things and improve strategic communications.

We need to be careful that we don’t confuse more robust democracy with removal of the need to the ‘hard right’ decision or a move towards populism.

Note quote – ‘good leadership is as much about taking people where they need to go as opposed to where they want to go’.

Keynote - Grattan Institute- John Daly Key Points:

People should trust government - trust is falling in politicians but growing for agencies. Churches and trade unions is falling. Same for big business. Interesting observation around the impact big business has on government. Lobbying and donations. The fact money buys access and access gets favourable decisions. Membership of political parties not representative of community and career politicians.

Regional areas are getting raw deal - vote for minor parties increase as you move from capital cities. Annual growth in income tends to be higher the further from capital cities. Very interesting that spending on services increases per capita as you move away from capital cities.

Decentralise population to solve housing issues - CBD has higher productivity due to higher population density. Density drives productivity, drives company set up/jobs, and drives population growth. Same across the globe. Interesting link between DA approval timelines and population growth.

Behavioural Insights for LG Key Points:

Great conversation on how people receive and restore information. Also, how we can tap into psychology and behavioural aspects to get improved outcomes.

We need to consider our communications and people behaviour and ability to retain information.

Regulation, incentives and information are the levers to complement information sharing.

Understanding people behaviour is the key to communications, policy and services

Tricks for success- make it easy, attractive, social and timely. Gender and Equity Issues Key Points:

Very interesting presentation around the need for proactive efforts.



Our organisation fares much better then industry averages. Having said that, there needs to be ongoing concerted effort.

Across the country, only 30% of Councillors are female.

The call for action requires effort now by all current and future leaders.

Challenge for how GMs help this process and balance action with need to be apolitical.

Proposed way forward for GMs - Commit publicly, set targets, measure and manage, report and celebrate.

Need to be aware of unconscious bias.

Key things we need to diversity and equality to thrive - remove masculine norms, be proactive and obvious about efforts, use data to create burning platform, educate and inform.

The future workforce and workspaces. Work is not just where we go to work but to collaborate and innovate. Design needs to take this into account. Focused on open office concept and activity based working and design.

Need to think hard about how it could work and risks/benefits.

GMs main role is to curate culture. Office design, layout and how we work needs to be part of that conversation.

Changing workforce dynamics - attraction, retainment and skill requirements.

Labour market is changing. Individuals and organisations need to plan for this. Growth of service industries like local government.

Surprisingly, there is still a big gap in IT skills but IT will be a major disruptor and enabler at the same time.

Need to develop the leaders now so the future is assured for our industry.

Don’t forget the value in having conversations and understanding perspectives of those of a different generation to yourself.

ATTACHMENTS Nil. COUNCILLORS ROOM Nil. TABLED DOCUMENTS Nil.




COUNCIL RESOLUTIONS REPORT OF: WAYNE WALLIS - GENERAL MANAGER GROUP: GENERAL MANAGER'S OFFICE BACKGROUND The purpose of this report is to inform Elected Members of the status of all matters to be dealt with arising out of the proceedings of previous meetings of the Council in accordance with the Code of Meeting Practice. ATTACHMENTS 1) Corporate Services report. ⇩ 2) Development Services report. ⇩ 3) Facilities & Services report. ⇩ 4) General Manager's Office report. ⇩ COUNCILLORS ROOM Nil. TABLED DOCUMENTS Nil.


ITEM 4 - ATTACHMENT 1 CORPORATE SERVICES REPORT.



ITEM 4 - ATTACHMENT 2 DEVELOPMENT SERVICES REPORT.



ITEM 4 - ATTACHMENT 3 FACILITIES & SERVICES REPORT.



ITEM 4 - ATTACHMENT 4 GENERAL MANAGER'S OFFICE REPORT.




NOTICES OF MOTION



NOTICE OF MOTION


SUPPORTING PORT STEPHENS KOALAS COUNCILLORS: JOHN NELL

SARAH SMITH

THAT COUNCIL: 1) Support the submission from Port Stephens Koalas to the NSW Minister for

Environment and Energy that the Koala breeding hub identified between Anna Bay and Salamander Bay located on Crown Land be converted to national park and annexed to the Tomaree National Park.


175 Councillor John Nell Councillor Sarah Smith It was resolved that Council support the submission from Port Stephens Koalas to the NSW Minister for Environment and Energy that the Koala breeding hub identified between Anna Bay and Salamander Bay located on Crown Land be converted to national park and annexed to the Tomaree National Park.

BACKGROUND REPORT OF: STEVEN PEART – STRATEGY & ENVIRONMENT SECTION MANAGER

BACKGROUND In 2017, Dr Stephen Phillips identified a Koala breeding hub between Anna Bay and Salamander Bay; located in proximity to Port Stephens Drive, Salamander Way and Nelson Bay Road. The area is characterised by land owned by National Parks, Crown Lands, and private landholders. The long term sustainability of Koala in Port Stephens would benefit from a number of parcels of Crown Land being added to the Tomaree National Park estate. Such inclusion would create important habitat connectivity in an east west direction between Anna Bay, Salamander Bay and One Mile Beach.



ATTACHMENTS 1) Port Stephens Koalas Letter to the Minister. ⇩ 2) Map of Anna Bay - Salamander Bay Koala Hub. ⇩


ITEM 1 - ATTACHMENT 1 PORT STEPHENS KOALAS LETTER TO THE MINISTER.



ITEM 1 - ATTACHMENT 2 MAP OF ANNA BAY - SALAMANDER BAY KOALA HUB.




NOTICE OF MOTION


WORLD HERITAGE LISTING COUNCILLOR: JOHN NELL

THAT COUNCIL: 1) Request the General Manager to prepare a report on the possible World

Heritage listing for the Port Stephens - Great Lakes Catchment Area. This report is to include:

a. Information about the area proposed for World Heritage listing and its potential heritage values.

b. The pros and cons of World Heritage listing, including benefits for the Port Stephens community.

c. The process leading to World Heritage listing.

d. The possible role for Council in the process of nominating the area for World Heritage listing.


176 Councillor John Nell Councillor Steve Tucker It was resolved that Council request the General Manager to prepare a report on the possible World Heritage listing for the Port Stephens - Great Lakes Catchment Area. This report is to include:

a. Information about the area proposed for World Heritage listing and its potential heritage values.

b. The pros and cons of World Heritage listing, including benefits for the Port Stephens community.

c. The process leading to World Heritage listing.

d. The possible role for Council in the process of nominating the area for World Heritage listing.




BACKGROUND World Heritage is the designation for places that are of outstanding universal value to humanity, and as such, have been inscribed on the World Heritage List to be protected for future generations to appreciate and enjoy. Australia currently has 19 properties on the World Heritage List, including the Great Barrier Reef (QLD), Greater Blue Mountains (NSW), and the Ningaloo Coast (WA). World Heritage sites that are nominated for World Heritage listing are inscribed on the list only after they have been carefully assessed as representing the best examples of the world's cultural and natural heritage. The Marine Parks Association, a not-for-profit community group, is proposing to prepare a bid for the inclusion of the Port Stephens - Great Lakes Catchment Area to be submitted for World Heritage listing. ATTACHMENTS Nil.



NOTICE OF MOTION


CLIMATE EMERGENCY COUNCILLOR: GIACOMO ARNOTT

THAT COUNCIL: 1) Council recognises that we are in a state of climate emergency that requires

urgent action by all levels of government.

2) Request the General Manager to prepare a report to Council that:

a. Outlines actions taken by Council to date, to address climate change through reducing energy consumption and waste, as well as protecting and improving natural habitat.

b. Provides options for ways that Council can continue to combat climate change, alongside local residents, businesses, government agencies and other stakeholders.


Councillor Giacomo Arnott Councillor John Nell That Council: 1) Recognises that we are in a state of climate emergency that requires

urgent action by all levels of government.

2) Request the General Manager to prepare a report to Council that:

a. Outlines actions taken by Council to date, to address climate change through reducing energy consumption and waste, as well as protecting and improving natural habitat.

b. Provides options for ways that Council can continue to combat climate change, alongside local residents, businesses, government agencies and other stakeholders.



ORDINARY COUNCIL MEETING - 24 SEPTEMBER 2019 AMENDMENT

177 Councillor Glen Dunkley Councillor Ken Jordan It was resolved that Council: 1) Acknowledge that ongoing action is needed on climate change to

ensure a sustainable future for Port Stephens.

2) Acknowledges the work that Port Stephens Council and the

community have done to address climate change across Port

Stephens.

3) As part of the 2020 Community Strategic Planning process:

a. Council engage with the community and business to obtain suggestions for initiatives to reduce their impact on climate change.

b. Identify initiatives to reduce Councils impact on climate change with an associated funding strategy.

Cr Arnott recorded his vote against the amendment. The amendment on being put became the motion, which was carried.


BACKGROUND In Australia, the Climate Emergency Declaration mobilisation and petition was launched in May 2016. In December 2016, Darebin City Council (Victoria) was the first council to pass a Climate Emergency Declaration in Australia. Since then, 47 local government areas across Australia have made the declaration. The Climate Emergency Declaration proposes to mobilise society-wide resources at sufficient scale and speed to protect civilisation, the economy, people, species, and ecosystems. Declaring a climate emergency is the first step in mobilising government and community resources. Understanding Port Stephens Council’s current and proposed actions to respond to a climate emergency is an important first step in committing to climate action. Some initiatives being undertaken or proposed to be undertaken by Port Stephens Council include:



Developing a Climate Change Policy for Port Stephens as recommended in the Climate Change Adaptation Action Plan.

Undertaking a detailed review of the Climate Change Adaptation Action Plan and its implementation.

Developing a Sustainability Action Plan through the internal sustainable energy steering group (‘Currents’).

Port Stephens Council has recently joined the NSW Government’s Sustainability Advantage program which is a State government led program that assists local councils and other organisations to identify and achieve their sustainability objectives, including emissions reductions.

Maintaining the Sustainable Energy Planning and Design for Projects and Activities Management to assist Council’s asset owners and project managers to achieve sustainable energy outcomes in line with Council’s Environment Policy, Environmental Management System and Procurement Policy.

ATTACHMENTS Nil.

There being no further business the meeting closed at 7.42pm.